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22 ATTACHMENT 1
City of Pleasanton
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CITY CLERK
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2007
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060507
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22 ATTACHMENT 1
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6/1/2007 12:27:21 PM
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4/16/2007 12:27:42 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
6/5/2007
DESTRUCT DATE
15 Y
DOCUMENT NO
22 ATTACHMENT 1
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by dispensaries are effective for patients with <br />a variety of serious illnesses. Participants active <br />in support services are less anxious and <br />depressed, make better use of their time and <br />are more likely to return to work than <br />patients who receive only standardized care, <br />regardless of whether they have serious psy- <br />chiatric symptoms. On-site consumption is also <br />important for patients who face restrictions to <br />off-site consumption, such as those in subsi- <br />dized or other housing arrangements that <br />prohibit smoking. In addition, on-site con- <br />sumption provides an opportunity for <br />patients to share information about effective <br />use of cannabis and to use specialized delivery <br />methods, such as vaporizers, which do not <br />require smoking. <br />Examples of localities that permit on-site <br />consumption (many stipulate ventilation <br />requirements): <br />• Berkeley <br />• San Francisco <br />• Alameda County <br />• Kern County <br />• Los Angeles County <br />DIFFERENTIATING DISPENSARIES FROM <br />PRIVATE PATIENT COLLECTIVES IS <br />IMPORTANT <br />Reason: Private patient collectives, in which <br />several patients grow their medicine collec- <br />tively at a private location, should not be <br />required to follow the same restrictions that <br />are placed on retail dispensaries, since they <br />are a different type of operation. Atoo- <br />broadly written ordinance may inadvertently <br />put untenable restrictions on individual <br />patients and caregivers who are providing <br />either for themselves or a few others. <br />Example: Santa Rosa's adopted ordinance, <br />provision 10-40.030 (F) <br />"Medical cannabis dispensing collective," <br />hereinafter "dispensary," shall be construed <br />to include any association, cooperative, affilia- <br />tion, or collective of persons where multiple <br />"qualified patients" and/or "primary care <br />givers," are organized to provide education, <br />referral, or network services, and facilitation <br />or assistance in the lawful, "retail" distribu- <br />tion of medical cannabis. "Dispensary" means <br />any facility or location where the primary pur- <br />pose is to dispense medical cannabis (i.e., mar- <br />ijuana) as a medication that has been <br />recommended by a physician and where med- <br />ical cannabis is made available to and/or dis- <br />tributed by or to two or more of the <br />following: a primary caregiver and/or a quali- <br />fied patient, in strict accordance with <br />California Health and Safety Code Section <br />11362.5 et seq. A "dispensary" shall not <br />include dispensing by primary caregivers to <br />qualified patients in the following locations <br />and uses, as long as the location of such uses <br />are otherwise regulated by this Code or appli- <br />cable law: a clinic licensed pursuant to <br />Chapter 1 of Division 2 of the Health and <br />Safety Code, a health care facility licensed <br />pursuant to Chapter 2 of Division 2 of the <br />Health and Safety Code, a residential care <br />facility for persons with chronic life-threaten- <br />ing illness licensed pursuant to Chapter 3.01 <br />of Division 2 of the Health and Safety Code, <br />residential care facility for the elderly licensed <br />pursuant to Chapter 3.2 of Division 2 of the <br />Health and Safety Code, a residential hospice, <br />or a home health agency licensed pursuant to <br />Chapter 8 of Division 2 of the Health and <br />Safety Code, as long as any such use complies <br />strictly with applicable law including, but not <br />limited to, Health and Safety Code Section <br />11362.5 et seq., or a qualified patient's or <br />caregiver's place of residence. <br />PATIENTS BENEFIT FROM ACCESS TO <br />EDIBLES AND MEDICAL CANNABIS <br />CONSUMPTION DEVICES <br />Reason: Not all patients smoke cannabis. <br />Many find tinctures (cannabis extracts) or edi- <br />bles (such as baked goods containing <br />cannabis) to be more effective for their condi- <br />tions. Allowing dispensaries to carry these <br />items is important to patients getting the best <br />level of care possible. For patients who have <br />existing respiration problems or who other- <br />wise have an aversion to smoking, edibles are <br />For more information, see vwvw.AmcricansForSafeAccess.org or contact the ASA office at 1-888-929-4367 or 510-251-1856. <br />16 <br />
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